State Supreme Court Okays Blood Draws on Passed Out Drunk Drivers

The state Supreme Court says police can draw blood from passed-out drunk drivers. In a 5-to-2 ruling, the court held that drivers automatically consent to a blood draw when they drive on Wisconsin roads, finding that those who drink themselves into unconsciousness forfeit any chance to withdraw that consent.

The ruling stems from the case of Gerald Mitchell, passed out after being arrested in Sheboygan County in 2013. At a hospital, an officer told the still unconscious Mitchell he could refuse the draw, then directed staff to draw his blood. Mitchell argued that violated his rights.